Abuse Causing Personal Injuries
Abuse is a crime in the State of California. Abuse comes in many forms, and its consequences also materialize in different ways: physical, sexual, mental, developmental, financial, and emotional. If you are the victim of abuse, you can typically file charges. When you do or if the State brings charges after an investigation, a criminal case will ensue. If found guilty, the abuser will be sentenced, and part of that sentence may include restitution. Restitution is compensation the court can order to require the convicted abuser to pay for the economic losses the victim suffered.
According to California Constitution Article 1, Section 28(b), the victim has a right to restitution and the amount can include the sum of any reasonable economic losses or expenses. Because of the latter, many victims are unaware or simply don’t think they can file a civil lawsuit against their abuser. If you have been abused, then you know you suffer more than mere economic damages, but restitution from a criminal court won’t cover those other damages, like the pain and suffering you endured. A civil lawsuit, however, will.
Remember, too, that in a criminal case, the standard of proof is higher than a civil case. So, your abuser could walk free, and if that happens, restitution will not follow. In criminal courts, the defendant is innocent until proven guilty beyond a reasonable doubt. Abuse cases can sometimes be very difficult to prove, depending on the facts and circumstances. In civil lawsuits, the standard of proof is lower: the abuse must be proven by a preponderance of the evidence, and that means that you must show the abuser more likely than not committed the abuse (which would be easier to show).
If you have been abused, you have more options when it comes to filing a civil lawsuit against the abuser. The State will handle the criminal side of the abuse, but you can take charge of the civil side. Finding the right attorney to help you in the Los Angeles area is our area of expertise, and it can mean the difference between a case that is successful or not. Here’s a little more about personal injury cases for abuse victims. If you want answers to your specific questions, contact us to get help today.
What Types of Abuse Situations Can Lead to Personal Injury Claims in California?
Really, any type of abuse can lead to a personal injury claim in California. To have a viable personal injury claim, four elements must be present:
1. Duty of Care
2. Breach
3. Causation
4. Damages.
So, for example, if a child attends summer camp and a camp counselor sexually abuses the child, the child and/or parents may be able to file a personal injury claim because:
1. The camp organization and the camp counselor have a duty to the child (and the parents) to keep the child safe while the child is in their custody
2. The duty of care was breached when the counselor sexually abused the child.
3. The breach was the direct and proximate cause of the child’s mental and emotional pain and suffering.
4. The injuries suffered by the child are monetarily quantifiable and are, therefore, damages.
Common Relationships Giving Rise to Personal Injury Claims Based on Abuse
Common relationships giving rise to personal injury claims founded of abuse are many, and include the following:
- Nursing home abuse
- Childcare or daycare abuse
- Domestic violence
- In-home care for children or vulnerable adults
- Prison and jail abuse
- Institutional abuse
- Teacher and student abusive relationships
- Coach and player/athlete abusive relationships
- Doctor and patient abusive relationships
Ready to take the next step? Talk to an attorney who’s ready to help.
How do You Prove a Personal Injury Claim in Los Angeles Based on Abuse?
To prove a personal injury claim in California, you need to prove the four elements listed above.
- Proving Duty of Care
Duty of care is typically understood and doesn’t require evidence, but even when evidence is necessary, it is easy enough to show. For example, if a doctor sexually abused you through the years, you need only show that you were his or her patient. Proving the other three elements will require more evidence.
- Proving Breach
The breach of duty is the act that causes the breach and causes the injury. In this case, the breach is the abuse. Abuse can materialize in but is not limited to the following forms:
- Physical, where there was intentional bodily injury
- Sexual, where there is nonconsensual sexual contact or grooming
- Psychological, where there is deliberate mental and emotional mistreatment
- Neglect, where intentional action or inaction leaves a vulnerable adult or child without the necessities to maintain physical or mental health
You can prove there was a breach of duty of care when you can, among other ways, show the signs of abuse. Signs of abuse can be provided through expert testimony, eyewitness testimony, pictures, video, and other forms of evidence.
Signs of Physical Abuse
- bruises
- lacerations or cuts
- markings
- broken bones
- open wounds
- untreated injuries
- findings of an overdose or underdose medications
- reports of physical abuse (e.g., kicked, punched, or otherwise mistreated)
- sudden change in behavior
- refusal to allow visitors
Signs of Sexual Abuse
- bruises
- unexplained venereal disease
- unexplained genital infections
- unexplained vaginal or anal bleeding
- torn, stained, soiled, or bloody underclothing
- reports of sexual abuse or rape
Signs of Psychological Abuse
- agitated
- extremely withdrawn
- non-communicative
- non-responsive
- unusual behavior
- nervousness around certain people
- reports of verbal or mental mistreatment
Signs of Neglect
- dehydration
- malnutrition
- untreated bedsores
- poor personal hygiene
- unattended or untreated health problems
- unsafe living condition
- unsanitary and unclean living conditions
- reports of mistreatment
- abandonment
- Proving Causation
You must be able to show that the breach caused the injury––the injury can be in the form of physical psychological, sexual, or financial harm. For example, if you were physically abused, you must show the broken arm is a direct and proximate result of the physical abuse. The broken arm could not be the result of a bicycle accident even if the abuser was with you at the time. Imagine a camp counselor routinely slapping a child from day to day but at another time, the child (and maybe other children) are on a bike ride and the counselor is biking with them when the abused child crashes into a tree and breaks his or her arm. The broken arm was not directly or proximately caused by the abuser or the abuser’s action or inaction.
- Proving Damages
To win a personal injury case in California, there must be damages. In abusive situations, damages can take the following form:
- Compensatory damages; or
- Punitive damages.
Compensatory damages, which include economic and non-economic damages, cover monetary losses as well as pain and suffering and other non-monetary losses. These types of losses must be proved by evidence. Pay stubs, bills, invoices, medical records, among other forms of documentation, can be used to prove economic damages. Non-economic damages are harder to quantify and, therefore, harder to prove. Evidence that can be used includes things like the expert testimony, victim’s testimony, or family testimony of before and after or the hardship and pain they have suffered, the prognosis of any medical condition, or any other evidence that can attest to the loss of enjoyment of life, mental anguish, and overall pain and suffering.
Punitive damages, on the other hand, is a form of punishment to discourage similar acts in the future by the same defendant or other individuals or entities. The judge or jury decides the amount of punitive damages only after the plaintiff shows that the abuse was committed out of malice, oppression, or fraud. For example, a medical professional may use his or her position to touch a patient inappropriately under the guise of medical checkups or treatment. In this situation, it can be shown that the touching was absent from any medical legitimacy. Again, documentation, medical records, and testimony, among other types of evidence, can be used to prove malice, oppression, or fraud.
When Should You Seek Legal Counsel for Injuries Suffered from Abuse?
If you have been abused in any way, you may be able to file a personal injury claim. This is important because money can help a person recover from the physical, mental, emotional, and financial consequences of the abuse. Money can never fully return a person to his or her state prior to the abuse, but it can help in very meaningful ways. Contact us about your abuse case in Los Angeles today. We will put you in contact with an L.A. attorney who has the experience and skills to address your specific case.
Don’t wait too long, though, because a statute of limitations limits how much time you have to file a personal injury case. In most cases, it is two years, but in other cases could be less or more. But also, evidence can disappear faster than the statute of limitations. That alone can be destructive to a personal injury case in Los Angeles based on abuse.
